High CourtsDivision Bench(2016) 04 GAU CK 0013

Bharat Sanchar Nigam Ltd. - Petitioner @HASH Rajen Rajkhowa

Gauhati High Court · Decided on 18 April 2016 · Citation: (2016) 5 GauLR 433

HON’BLE JUDGES
Ajit Singh, CJ. and Suman Shyam, J.
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.2385 of 2016.

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Judgment

7 paragraphs · 283 words

Ajit Singh, C.J. - Mr. B.C. Pathak, learned Standing Counsel, BSNL for the petitioners.

2.

Mr. S. Dutta, learned counsel and Mr. S. Choudhury, learned counsel for the respondent.

3.

This petition under Article 227 of the Constitution is directed against order dated 11th December, 2012 passed by the Central Administrative Tribunal, Guwahati Bench, whereby it has allowed Respondent''s O.A. No.162 of 2012. The petitioners have also questioned the order dated 2nd May, 2015 whereby the Tribunal has dismissed Review Application No.040/00009/2015.

4.

The non-applicant is fighting for his right to be conferred with temporary status since 2003. In 2003, he filed O.A. No.223/2003 before the Tribunal which was disposed of vide order dated 6.10.2004 with a direction against the petitioners to take necessary steps for conferment of temporary status in his favour.

5.

The case of the respondent was that he be conferred with temporary status with effect from 1.9.1999 and regular mazdoor with effect from 01.10.2003 the date when his juniors were granted such status. Instead, the petitioners granted the temporary status to the Respondent with effect from 27.06.2005. Aggrieved, Respondent filed O.A. No.162 of 2012, which the Tribunal has allowed with a direction against the petitioners to confer temporary status to him with effect from the date when his juniors were granted temporary status with all consequential benefits.

6.

After hearing the learned counsel for the petitioners, we find the order of the Tribunal well founded and unassailable. The petitioners, instead of contesting the legal right of respondent, must now honour the order of Tribunal by conferring temporary status to him from the date when his juniors were given such status.

7.

The petition has no merit and, accordingly, dismissed.